Page:The Records of the Federal Convention of 1787 Volume 2.djvu/48

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44 DECOaDS OF THE FEDEP. AL CONVENTION Wednesday MADISON July ?8 On the question for referring the appointment of the Judges to the Executive, (instead of the 2d. branch} 7 Mas. ay. Cont. no. Pa. ay. Del. no. Md. no Va. no. N. C. no. S.C. no--(Geo. absent.} [Ayes- 2; noes--6; absent Mr. Ghorum moved "that the Judges be (nominated and appointed} by the Executive, by & with the advice & consent of the 2d branch (& every such nomination shall be made at least days prior to such appointment"} 7. This mode he said had been ratified by the experience of I4O years in Massa~ chussts. If the appt. should be left to either branch of the Legislature, it will be a mere piece of jobblng. Mr. Govr. Morris 2ded. & supported the motion. Mr. Sherman thought it less objectionable than an abso- lute appointment by the Executive; but disliked it as too much lettering the Senate. Question on Mr. Ghorum's motion Mas. a 7. Con. no. Pa ay. Del. no. Md. ay. Va. a 7. N. C. no. S.C. no. Geo. (absent.} [Ayes--4; noes--4; absent (Mr.} Mr(adison} moved that the Judges should be nomi- nated by the Executive, & such nomination should become an appointment (if not} 8 disagreed to within days by ? of the zd..branch. Mr. Govr. (Morris} 2ded. the motion. By common consent the consideration of it was postponed till tomorrow. "(To hold their offices during good behavior" & "to receive fixed salaries" agreed to hem: con:} * "In which (salaries of Judges) no increase. or diminution shall be made, (so as to affect the persons at the time in office."} Mr. Govr. Morris moved to strike out" or increase" He thought the Legislature ought to' be at liberty to increase salaries as circumstances might require, and that this would not.create any improper dependence in the Judges. Docr. Franklin (was in favor of the motion}, Money may not Revised from Journal. Revised from Journal, originally Madison recorded "unless". Taken from Journal.